Third National Bank v. Stillwater Gas Co.
Supreme Court of Minnesota
Appeal by the Stillwater Gas Company (impleaded with E. W. Kerr and the administrator of E. W. Kerr) from an order of the district court for Washington county, Crosby, J., presiding, overruling its demurrer to the complaint. The action is brought to have a trust in favor of plaintiff impressed upon the sum of $3,500, alleged to be in possession of the appellant.
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Appeal by the Stillwater Gas Company (impleaded with E. W. Kerr and the administrator of E. W. Kerr) from an order of the district court for Washington county, Crosby, J., presiding, overruling its demurrer to the complaint. The action is brought to have a trust in favor of plaintiff impressed upon the sum of $3,500, alleged to be in possession of the appellant. The complaint is, in substance, as follows : On June 30, 1885, one E. W. Kerr falsely and fraudulently represented to the plaintiff that he was the owner of certain shares of capital stock of the Stillwater Water Company, which were…
1Opinion of the CourtMitchell, J.
Appeal from an order overruling a demurrer to the complaint. The question raised by the appeal is whether, upon facts alleged in the complaint, the respondent is (entitled to have a trust in its favor impressed upon a certain sum of money in the hands of appellant.
■These facts, so far as they bear upon the question, are, we think, fairly stated in the brief of respondent. They may be, perhaps, even more briefly stated, according to their legal import, as follows: E. W. Kerr, by fraud and deceit, obtained from respondent a loan of $3,500, the amount being placed to his credit, and subject to…
2Cases cited6 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- McLeod v. EvansWisconsin Supreme Court · 1886
- Peak v. EllicottSupreme Court of Kansas · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- United States v. Thurston County, Neb.Court of Appeals for the Eighth Circuit · 1906
- Skiff v. StoddardSupreme Court of Connecticut · 1893
- Cady v. South Omaha National BankNebraska Supreme Court · 1896
- City of Lincoln v. MorrisonNebraska Supreme Court · 1902
- Whitcomb v. CarpenterSupreme Court of Iowa · 1907
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